PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MAY 7, 2002, 7:00 P.M.

CITY OF OAK CREEK

MILWAUKEE COUNTY

The meeting began with the Pledge of Allegiance being said by all present.

Mayor Richards called the meeting to order at 7:00 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Bolender, Ald. Prochnow, and Ald. Koehler. Also present were: City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Paul Milewski, Design Engineer Michael Sullivan, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Treasurer Barbara Davison, Facilities Manager Richard Kulka, Director of Parks and Recreation Douglas Schachtner, Utility Distribution Manager Robert Kuehn, and Deputy City Clerk Pam Bauer.

Ald. Prochnow, seconded by Ald. Kopplin, moved to approve the minutes of the 5/7/02 meeting as published. Motion, with second agreeing, was amended to approve the minutes of the 4/16/02 meeting as published. All voted aye; motion carried.

A public hearing was held to consider the request of the DeMattia Group for an amendment to the approved general development plan in an M-1 Manufacturing PUD District (Creekside Corporate Park, 9853-9945 S. 13^th St.) (TIF District No. 6). A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

2. PUBLIC HEARING HELD TO CONSIDER REQUEST OF RAY LEFFLER, 840 W. RYAN RD., FOR CONDITIONAL USE PERMIT FOR SELF-SERVICE STORAGE FACILITY IN M-1 MANUFACTURING DISTRICT.

A public hearing was held to consider the request of Ray Leffler, 840 W. Ryan Rd., for a conditional use permit for a self-service storage facility in an M-1 Manufacturing District. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

Ald. Koehler, seconded by Ald. Bolender, moved to not adopt (deny) Ordinance No. 2182 (neither Alternate A nor Alternate B), approving a revised general site development plan for the Creekside Corporate Park PUD (TIF District No. 6). On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, no; and Ald. Koehler, aye. The vote resulted in a tie. The Mayor voted aye; the motion to deny was affirmed.

Ald. Foeckler, seconded by Ald. Bolender, moved to not approve (deny) Ordinance No. 2183, approving and authorizing the issuance of a conditional use permit for self-service storage facilities at 840 W. Ryan Rd. (Ray Leffler). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, no.

Note: Items 5 through 16, excluding 8, 13 and 14, were taken as one motion.

The Mayor’s appointment of Ald. Prochnow to the Library Board was informational.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Council Proclamation No. 02-4, honoring the 440^th Airlift Wing Air Force Reserve Command for their annual dinner dance celebrating Armed Forces Week. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Council Proclamation No. 02-5, congratulations to Andrew S. Plumb for receiving the Eagle Scout Award (confirmation only). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt the following Mayoral Proclamations:

a. Poppy Days, Oelschlaeger-Dallmann American Legion Post 434 and Auxiliary, May 10 and 11, 2002

b. Buddy Poppy Days, Meyer-Dziedzic VFW Post 8482, May 17 and 18, 2002

c. Buddy Poppy Days, Meyer-Dziedzic Ladies Auxiliary to VFW Post 8482, May 17 and 18 and May 24 and 25, 2002

All voted aye; motion carried.

Ald. Lampe, seconded by Ald. Foeckler, moved to concur with the Mayor’s appointments to the Small Claims Committee (the committee will consist of the City Administrator, City Clerk and Ald. Bolender). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to confirm the Mayor’s appointment of Rosemary Conley as Assistant Weed Commissioner for a 1-year term to expire 4/03. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to concur with the Mayor’s appointment of Darcy L. Alatalo, 10378 S. Donald Dr., to the Finance Committee to complete a term expiring 9/03. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to concur with the Mayor’s reappointment of Patricia Groth to the Board of Review for a five-year term to expire 5/07. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Foeckler, moved to authorize the Facilities Manager to publicly bid Project No. 02024, roof repair to City Hall and roof modification to Fire Station No. 3, and to authorize the City Clerk to transfer $45,000.00 from Project No. 99027 to Project No. 02024. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Foeckler, seconded by Ald. Lampe, moved to authorize the write-off of the delinquent personal property as per Resolution No. 8037-072390. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10110-050702, approving the release of a recorded easement (7375 S. Clement Ave.). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $1,047,611.80. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant Operator’s licenses to:

Duane Kent Bradshaw, 3367 E. Ryan Rd. (Victor’s)

Nichole Ann Hansen, 3432 S. Howell Ave., #6, Milwaukee (Diane’s Second Chance)

Amanda L. Chillquist, 3601 Highway G, Caledonia (Gary’s)

All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant a mobile home park license to Charles Edlebeck for 5^th Ave. Mobile Home Park, 8481 S. 5^th Ave. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant a run/walk license and a waiver of fees to Bay View Bicycle Club, for 7/14/02. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant a renewal amusement device operator license to Games Are Us, Inc., 4905 S. Woodlawn Pl., Greenfield, WI. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant transient merchant licenses to:

a. Adnan Y. Atshan, 6129 S. 13^th St., #11, Milwaukee, selling ice cream products

b. Dennis Huxoll, representing T.A.P. Enterprises, Inc., Elkhorn, NE, selling tools at Classic Lanes, 7501 S. Howell Ave., for one day only, 7/2/02

All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant the request for change of agent, upon receipt of police record check, to WHG Oak Creek, LLC, doing business as Applebee’s, 7135 S. 13^th St., to Timothy Gerum, 1319 Drexel Blvd., South Milwaukee. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to approve Kevin Michael Peterson, 1095 Elmore St., Green Bay, as an additional salesperson for Wisconsin Seafood. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant the request to transfer a mobile home park license for 5^th Avenue Mobile Home Park, 8481 S. 5^th Ave., from Charles Edlebeck to Fifth Avenue Development Group, LLC, Milwaukee, WI. All voted aye; motion carried.

18. COUNCIL APPROVES POLICE DEPARTMENT’S PURCHASE OF TWELVE HK FP6 12 GAUGE SHOTGUNS WITH EXTENDED MAGAZINES, FOLDING STOCK AND GHOST RING SIGHTS FROM RICK’S SHOOTING SPORTS, CUDAHY, AT TOTAL COST OF $6,924.00, AND TO TRANSFER APPROXIMATELY $124.00 FROM PROJECT NO. 02008 TO PROJECT NO. 02009.

Ald. Prochnow, seconded by Ald. Bolender, moved to approve the Police Department’s purchase of twelve HK FP6 12 gauge shotguns with extended magazines, folding stock and ghost ring sights from Rick’s Shooting Sports, Cudahy, at a total cost of $6,924.00, and to transfer approximately $124.00 from Project No. 02008 to Project No. 02009. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, no.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10112-050702, approving the Memorandum of Understanding – Oak Leaf Trail, between the City of Oak Creek and Milwaukee County. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Prochnow, seconded by Ald. Foeckler, moved to authorize the Director of Parks and Recreation to proceed with the purchase and installation of an open-air shelter at Meadowview Neighborhood Park. Motion, with second agreeing, was amended to authorize the Director of Parks and Recreation to proceed with the public bid process for the purchase and installation of an open-air shelter at Meadowview Neighborhood Park. On voice vote, there were five aye votes and one no vote (Ald. Kopplin).

21. COUNCIL AUTHORIZES DIRECTOR OF PARKS AND RECREATION TO PROCEED WITH PUBLIC BID PROCESS FOR PURCHASE AND INSTALLATION OF SPORT IMPACT FLOORING FOR MILLER PARK PAVILION.

Ald. Lampe, seconded by Ald. Foeckler, moved to authorize the Director of Parks and Recreation to proceed with the public bid process for the purchase and installation of Sport Impact Flooring for Miller Park Pavilion. All voted aye; motion carried.

Council approval of the bid of $23,918.00 from Gerber Leisure Products, Inc., for relocation and enhancement of the Otjen Park playground equipment was directed held.

Note: Items 23 through 28 were taken as one motion.

Ald. Lampe, seconded by Ald. Bolender, moved to adopt Resolution No. 10111-050702, approving the certified survey map submitted by Mark and Kim Verhalen for the property at 1200 E. Ryan Rd., subject to the issuance of a citation if the outstanding work on the site is not completed by 12/1/02. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Bolender, moved to authorize payment of the contract progress payments for Project Nos. 97037, 00109, 01006 and 01101. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Bolender, moved to authorize payment of the contract invoice payment for Project No. 01066. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Bolender, moved to authorize a payment of $1,675.10 to Land Acquisitions, Inc., for their work on the real estate acquisitions for the Pennsylvania Ave. reconstruction project (Project No. 99022). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Bolender, moved to award the project to construct a turnaround at the end of Annette Pl., Otjen Park improvements, high school press box pathway, Riverton Meadows pathway, and Carollton Park tennis court reconstruction to the lowest responsive, responsible bidder, Payne & Dolan, in the amount of $115,489.06 (Project Nos. 00002, 01027, 02001, and 02011). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Bolender, moved to authorize payment to R. A. Smith & Associates in the amount of $27,332.66 for their work on various projects. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Resolution No. 10113-050702, necessity for acquisition of lands for public street purposes, permanent easements for drainage purposes, temporary easements for grading purposes, and authorizing negotiation for such acquisition and condemnation, if necessary, for the S. Pennsylvania Ave. reconstruction project from Puetz Rd. to Ryan Rd. (Project No. 96028 and 99022) was directed held.

30. MOTION FAILED: APPROVING INSTALLATION OF "NO PARKING" SIGNS ON RAWSON AVE. SERVICE DRIVE AT WEST END FOR TWO-CAR LENGTH WITH ARROW POINTING WEST.

Ald. Foeckler, seconded by Ald. Koehler, moved to approve the installation of "no parking" signs on the Rawson Ave. service drive at the west end for a two-car length with an arrow pointing west. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Bolender, no; Ald. Prochnow, aye; and Ald. Koehler, aye. The vote resulted in a tie. The Mayor voted no; motion failed.

Ald. Kopplin, seconded by Ald. Lampe, moved to refer back to the Traffic & Safety Commission their recommendation to request the state modify the median opening on Howell Ave. north of Drexel Ave. to allow for a left turn lane in to the businesses on the east side, along with requesting the state to change the timing of the lights on Drexel at Howell, to include the possibility of a left turn arrow. All voted aye; motion carried.

32. COUNCIL CONCURS WITH RECOMMENDATION OF TRAFFIC & SAFETY COMMISSION TO REVISE CITY’S "HEAVY TRAFFIC ROUTES" AND ADOPTS ORDINANCE NO. 2181, DESIGNATING "HEAVY TRAFFIC ROUTES".

Ald. Kopplin, seconded by Ald. Lampe, moved to concur with the recommendation of the Traffic & Safety Commission to revise the City’s "heavy traffic routes" and adopt Ordinance No. 2181, an ordinance to repeal and recreate Section 10.20(c)(1) of the Municipal Code, designating "heavy traffic routes". On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Koehler, seconded by Ald. Bolender, moved to concur with the recommendation of the Traffic & Safety Commission to request the state lower the speed limit on Ryan Rd. from Howell Ave. to 13^th St. from 55 mph to 45 mph. All voted aye; motion carried.

34. COUNCIL DENIES RECOMMENDATION OF TRAFFIC & SAFETY COMMISSION TO REQUEST STATE ALLOW POSTING OF "NO PARKING" SIGNS ON BOTH SIDES OF RYAN RD. FROM HOWELL AVE. TO 13^TH ST.

Ald. Koehler, seconded by Ald. Bolender, moved to not concur (deny) with the recommendation of the Traffic & Safety Commission to request the state allow the posting of "no parking" signs on both sides of Ryan Rd. from Howell Ave. to 13^th St. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

The Common Council did not convene into Executive Session immediately following the conclusion of the Common Council meeting pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss the sale of the property at 170 W. Drexel Ave. (Oak Creek Water and Sewer Utility Headquarters buildings) and an 11-acre parcel described as Outlot 2 of CSM 5810. This item was held to the next Council meeting.

Resolution No. 10114-050702, authorizing the sale of the property at 170 W. Drexel Ave. (Oak Creek Water and Sewer Utility Headquarters buildings) and an 11-acre parcel described as Outlot 2 of CSM 5810 in the SE ¼ of Section 8, T5N, R22 East was held to the next Council meeting.

ADJOURNMENT.

Ald. Kopplin, seconded by Ald. Prochnow, moved to adjourn this meeting at 11:42 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

Beverly A. Buretta, CMC, City Clerk         Dale J. Richards, Mayor